Can a member of a South Carolina county board of voter registration and elections run for political office, or hold an officer position in a political party, while still serving on the board?

Plain-English summary

The Colleton County Board of Voter Registration and Elections asked the Attorney General two questions about how far the political-activity restrictions on board members really go. First, if a sitting board member files as a candidate for political office, do they have to resign before the election, or only if they win? Second, can a board member hold an officer position in a political party (like secretary or treasurer) if the position is appointed rather than elected?

The AG starts by correcting a citation: the requestor pointed to S.C. Code § 7-3-10(e), but that statute governs the State Election Commission, not county boards. The right statute for county boards is S.C. Code § 7-13-75. Section 7-13-75 says no member of a county or municipal voter registration and elections board can "participate in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office," and a violation triggers removal by the Governor or appointing authority.

On the candidacy question, the AG concludes that simply filing as a candidate, on its own, does not equal "participating in political management." A board member can file without immediately triggering removal. The AG points out that the relevant federal regulation (which a 2004 AG opinion borrowed from for guidance) does prohibit candidacy, but the South Carolina legislature did not write that prohibition into § 7-13-75, and the AG declines to read it in.

On the political-party-officer question, the AG holds that the elected-versus-appointed distinction does not matter. Whether a board member is elected to a party officer position or appointed to one, the act of serving as a party officer counts as "participating in political management" and triggers the prohibition. The earlier 2004 opinion already held that holding a party officer role is incompatible with serving on the board, and the AG reaffirms that holding here.

The AG closes with the standard caveats: factual questions about specific board members fall outside the office's jurisdiction, and ultimate enforcement of removal lies with the Governor, the appointing authority, or a court.

What this means for you

If you sit on a SC county board of voter registration and elections

Two practical rules:

• You can file as a candidate for partisan political office without automatically losing your board seat. The AG concludes that filing alone is not "political management" under § 7-13-75. You only become subject to removal if you actually win the election or accept appointment to an officer position in a partisan political party.
• You cannot serve as an officer of a political party, full stop, regardless of whether the officer position is elected or appointed. Secretary, treasurer, county chair, vice-chair, executive committee member: all of these qualify as participating in "political management" under the AG's reading. Either decline the role or resign your board seat.

If you are in a position where the candidacy ultimately succeeds, plan your resignation timing in advance. The statute does not specify a deadline beyond "during the member's term of office," but waiting until after a winning election creates a window of legal exposure that you can avoid by resigning earlier.

Section 7-13-75 also bars you from making contributions to or knowingly attending fundraisers for candidates over whose election you have jurisdiction. That part is straightforward, but worth re-reading every cycle.

If you're an appointing authority or the Governor

Section 7-13-75 makes the appointing authority (the Governor, or the appropriate appointive authority for municipal boards) the front-line enforcer. If a member becomes an officer of a political party, removal is the available remedy. The AG flags that whether a particular activity violates the statute is a question of fact that would have to be developed through investigation or court proceedings.

The AG's reading does not require you to remove a member who simply files as a candidate. Removal is appropriate when the member is "elected or appointed to such an office" in the political party.

If you're recruiting party officers in South Carolina

If your candidate for a party officer position currently sits on a county election board, the AG opinion makes clear that they cannot accept the role without resigning the board seat. This applies to both elected party offices (chairmanships, vice-chairs) and appointed positions (secretary, treasurer, executive committee). Plan the transition before the appointment.

If you're an election law attorney advising South Carolina clients

Three practice points:

• The AG distinguishes filing-as-candidate (allowed) from holding-an-office (prohibited). The line is drawn at the point of election or appointment to a party position. Counsel clients to understand exactly when they cross from "active candidate" to "officeholder."
• The AG explicitly declines to import the federal Hatch Act / 5 C.F.R. § 734.409 candidacy prohibition into § 7-13-75. The 2004 opinion used the federal regs as guidance, but this 2025 opinion narrows that and reads § 7-13-75 only by its plain language and the AG's prior precedent on party-officer service.
• Note the citation correction in the opinion. § 7-3-10(e) governs the State Election Commission. § 7-13-75 governs county and municipal voter registration and elections boards. Be precise about which body your client serves on.

Common questions

Q: Can a county election board member file as a candidate for partisan office?
A: Yes. The AG concludes that filing as a candidate, by itself, is not "participating in political management" under § 7-13-75. The member is not subject to removal merely for filing.

Q: What happens if the board member wins the election?
A: At that point, the member has been "elected or appointed" to a partisan office and the prohibition kicks in. The Governor or appointing authority can remove the member from the board.

Q: Does the rule change if the political party position is appointed rather than elected?
A: No. The AG explicitly says the elected-versus-appointed distinction is irrelevant. Service as a party officer in either capacity violates § 7-13-75.

Q: Can a board member contribute to a candidate or attend a candidate's fundraiser?
A: Not if the board has jurisdiction over that candidate's election. Section 7-13-75 prohibits members from making contributions to or knowingly attending fundraisers for candidates "over whose election the member has jurisdiction."

Q: Where in the law is this prohibition codified?
A: For county and municipal boards, it is S.C. Code § 7-13-75. The requestor pointed to § 7-3-10(e), but that statute governs the State Election Commission, not county boards.

Q: Who enforces a violation?
A: The Governor or the appropriate appointing authority. The AG also notes that determinations of violations may end up before a court. The AG's office cannot itself adjudicate factual claims about specific members.

Q: What does "political management" mean?
A: South Carolina courts have not specifically defined the term. A 2004 AG opinion (2004 WL 1297825) drew on federal Hatch Act regulations for guidance and concluded that holding office as an officer of a political party qualifies. This 2025 opinion reaffirms that holding, but declines to extend the prohibition to filing as a candidate (which the federal regs do reach).

Background and statutory framework

S.C. Code § 7-13-75 governs partisan political activity by members of county and municipal voter registration and elections boards. The statute reads:

No member of a county or municipal board of voter registration and elections may participate in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority.

The 2004 AG opinion (2004 WL 1297825, June 7, 2004) is the office's foundational interpretation of "political management." It noted that no South Carolina court had defined the term, then borrowed from 5 C.F.R. § 734.409 (the Hatch Act regulation governing Federal Election Commission employees). That federal regulation prohibits covered employees from "[s]erv[ing] as an officer of a political party, a member of a national, State, or local committee of a political party, an officer or member of a committee of a partisan political group, or be[ing] a candidate for any of these positions." The 2004 opinion used that as a guide and concluded that "political management" includes serving as an officer of a political party.

This 2025 opinion takes the next step: it accepts the 2004 reading on party-officer service but stops short of importing the federal regulation's separate candidacy prohibition. The AG applies standard South Carolina interpretive canons. The "cardinal rule" of statutory interpretation is to "ascertain and effectuate the legislative intent whenever possible," Mitchell v. City of Greenville, 411 S.C. 632 (2015). Where the language is plain and unambiguous, "the text of a statute is considered the best evidence of the legislative intent or will," Hodges v. Rainey, 341 S.C. 79 (2000). The AG defines "participate" as "to take part in something" or "to share in something" and concludes that a person who has only filed as a candidate has not yet "taken part" in political management; that participation begins only when the member is elected or appointed to an officer position in the party.

The AG also draws a distinction between "elected" and "appointed" that does not matter for this analysis: it is "the service in such an office" (whether arrived at through election or appointment) that constitutes participation in political management.

The AG closes by noting that whether any specific board member's activities violate the statute is a question of fact, and AG opinions do not adjudicate facts. See Op. S.C. Att'y Gen., 2006 WL 1207271 (April 4, 2006). The Governor, appointing authority, or a court would make that determination in any specific case.

Citations and references

Statutes and regulations:

• S.C. Code § 7-3-10(e) (State Election Commission member political activity prohibition; not the controlling statute for county boards)
• S.C. Code § 7-13-75 (county and municipal voter registration and elections board political activity prohibition)
• 5 C.F.R. § 734.409 (federal Hatch Act regulation, used as interpretive guide for "political management" in the 2004 AG opinion)

Cases:

• Mitchell v. City of Greenville, 411 S.C. 632, 770 S.E.2d 391 (2015), cardinal rule of statutory interpretation
• Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000), plain-language rule in statutory interpretation

Prior AG opinions:

• Op. S.C. Att'y Gen., 2004 WL 1297825 (June 7, 2004), service as a party officer counts as "political management"
• Op. S.C. Att'y Gen., 2006 WL 1207271 (April 4, 2006), AG opinions cannot adjudicate or investigate factual questions

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-addressing-the-prohibition-in-s-c-code-section-7-13-75-regarding-county-board-of-voter-registration-and-elections-members-participating-in-political-management-or-in-a-political-campaign/
• Original PDF: https://www.scag.gov/media/hhlj2upo/crawfordq-blocckerj-os-11037-final-opinion-7-2-2025.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ALAN WILSON
ATTORNEY GENERAL

July 02, 2025

Queenie L. Crawford, Ed.D.
Chairperson
Ms. Janis K. Blocker
Vice-Chair
Colleton County Board of Voter Registration and Elections
P.O. Box 97
Walterboro, SC 29488

Dear Chairperson Crawford and Vice-Chair Blocker:

Attorney General Alan Wilson has referred your letter to the Opinions section. Your letter requests an opinion addressing the following:

We write to you on behalf of the Colleton County Board of Voter Registration and Elections. The Board seeks clarification from your office in reference to limitations for partisan political participation by board members.

In accordance with SC Code 7-3-10(e) "No member of the commission may participate in political management or in a political campaign during the member's term of office . . . ." That is followed by list of political activities that are NOT permitted: 2. "Serving as an officer of a political party. See Op. SC Attorney General (June 7, 2004) (construing prohibition against 'political management' to include serving as officer of political party).

The first question for clarification is whether a sitting member of the Board who files as a candidate for an elective office in a partisan political party is required to resign from the board seat before the election or whether that board member may remain on the Board and resign the seat only if elected to the office.

The second question is whether a board member can serve the partisan political party in an appointive office by the chairperson such as secretary or treasurer.

Law/Analysis

It is this Office's opinion that the prohibition in S.C. Code § 7-13-75 regarding a member of a county or municipal board of voter registration and elections participating "in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office" is applicable to elective and appointive positions with a partisan political party. Your letter cites to S.C. Code § 7-3-10(e) which pertains to members of the State Election Commission. That statute is generally inapplicable to members of a county board of voter registration and elections. Rather, as the June 7, 2004, Attorney General opinion referenced in your letter discusses, S.C. Code § 7-13-75 contains the prohibition on political activity for such boards. It states:

No member of a county or municipal board of voter registration and elections may participate in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority.

Id. The opinion stated that the Office was unaware of any South Carolina case that interpreted the meaning of "political management" in section 7-13-75. See Op. S.C. Att'y Gen., 2004 WL 1297825 (June 7, 2004). The opinion advised that until a court interprets the statute, it suggested using the "longstanding restrictions placed on employees of the Federal Election Commission" as a guide. In particular, the Code of Federal Regulations contains prohibitions on participation in political organizations for employees of the Federal Election Commission at 5 C.F.R. § 734.409. Subsection (a) therein states covered employees may not "[s]erve as an officer of a political party, a member of a national, State, or local committee of a political party, an officer or member of a committee of a partisan political group, or be a candidate for any of these positions." Id. (emphasis added). Finally, because the opinion construed the term "political management" to include holding office in a political party, it advised that members of the county board of voter registration and elections would not be authorized to serve as an officer of a political party. Id. at 4. With this analysis in mind, this opinion will then address the question presented in your letter.

Your letter asks whether a board member who files as a candidate for an elective office in a partisan political party is required to resign from the board seat before the election. This Office's opinions interpreting section 7-13-75 concluded that "holding office" or "serv[ing] as an officer of a political party" is prohibited because a court would likely find serving in such a capacity would ultimately amount to "participat[ing] in political management." This Office has never interpreted the phrase "participate in political management" so broadly as to include filing as a candidate for office of a political party. While the Code of Federal Regulations cited in the July 7, 2004, opinion prohibits covered federal employees from being a candidate for a political party, there is no indication in the plain language of section 7-13-75 that the General Assembly intended such a result for members of a county or municipal board of voter registration and elections. When interpreting legislation, the primary goal is to determine the General Assembly's intent. See Mitchell v. City of Greenville, 411 S.C. 632, 634, 770 S.E.2d 391, 392 (2015) ("The cardinal rule of statutory interpretation is to ascertain and effectuate the legislative intent whenever possible."). Where a statute's language is plain and unambiguous, "the text of a statute is considered the best evidence of the legislative intent or will." Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000). Here, the word "participate" is defined to mean "1. to take part in something. 2. To share in something." American Heritage College Dictionary 995 (3d. ed. 1993). It is this Office's opinion that a court is unlikely to hold a board member takes part in or shares in political management solely as result of filing as a candidate to be an officer of a political party. Therefore, it is this Office's opinion that a board member would not be subject to removal until they are elected or appointed as an officer of a political party.

Your letter also asks whether a board member can serve as an officer in a partisan political party if they are appointed to the office, rather than elected. This Office's opinions have never made a distinction between serving as an officer of a political party in an elected or appointed capacity. It is the service in such an office that a reviewing authority would consider to determine whether the board member participates in political management. Therefore, it is this Office's opinion that the prohibition applies to serving as an officer in a partisan political party in both elected and appointed offices.

Again, we must note that this Office has not identified a decision from our state courts ruling on these issues. Whether a particular board member's activities violate section 7-13-75 is a question of fact which is beyond the scope of this Office's opinions. See Op. S.C. Att'y Gen., 2006 WL 1207271 (April 4, 2006) ("Because this Office does not have the authority of a court or other fact-finding body, we are not able to adjudicate or investigate factual questions."). If a board member's activities violate the statute, the member is subject to removal by the Governor or the appointive authority. Therefore, the determination whether a specific board member has violated section 7-13-75 can be made by the Governor, appropriate appointive authority, or a court.

Conclusion

As is discussed more fully above, it is this Office's opinion that the prohibition in S.C. Code § 7-13-75 regarding a member of a county or municipal board of voter registration and elections participating "in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office" is applicable to elective and appointive positions with a partisan political party. Further, it is this Office's opinion that a board member would not be subject to removal until they are elected or appointed to such an office.

Sincerely,

Matthew Houck
Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General